Claim by Exempt Employee for Compensatory Time

An exempt employee of the Federal Communications Commission (FCC), assigned to attend conferences for a 5-month period in foreign cities, claimed 50 hours of compensatory time. The agency requested information concerning the employee's entitlement to compensatory time or overtime pay for conferences scheduled at night or on weekends. It was determined that the employee may be granted compensatory time in lieu of overtime for hours in excess of 8 in a day or 40 in an administrative workweek if such hours can be properly identified and officially approved. However, if the overtime hours for which compensatory time is granted causes the employee's rate of pay to exceed the aggregate salary limitation for any pay period, then remedial action is in order. If the times and dates of international conferences were not scheduled by an agency of the U.S. Government, such times can be said to be administratively uncontrollable traveltime. However, the employee may not be paid overtime or given compensatory time in place of overtime for travel time to and from such conferences if there was sufficient advance notice of the times of such conferences so as to permit scheduling related travel during the employee's regular duty hours. He is entitled to compensatory time or overtime only if travel to or from a conference during his regularly scheduled hours would result in the payment of at least 2 additional days' per diem expenses. The employee may be permitted to remain in duty status during authorized rest periods en route to a temporary duty location if the rest periods were required, because of his travel itinerary, to be scheduled during his regular duty hours.